LAKEPORT — Musicians, business owners, a psychologist and agitated neighbors gathered to speak out about live music at a Lakeport bar.
The City of Lakeport Planning Commission held a public hearing Wednesday night to consider the revocation or suspension of the zoning permit that allows the presentation of live entertainment at the Full Throttle Tavern at 650 S. Main Street. Approximately 60 people attended the hearing in the City Council Chambers.
The planning commission voted 4-0 to suspend the permit allowing live entertainment at the Full Throttle Tavern. Written comments were submitted to the City of Lakeport, Community Development Department prior to the hearing.
Tom Gayner, Suzanne Russell, Harold Taylor and Marc Spillman sat as the City of Lakeport Planning Commission. Ross Kauper excused himself because he owns property within 500 feet of the establishment. Andrew Britton sat as Planning Services Manager and Richard Knoll as Community Development director.
Gayner addressed the crowd asking for an orderly, non-repetitive and non-disruptive exchange. He directed the speakers to state their name and residence and limit speaking time to three minutes. He also asked that speakers be constructive, factual, avoid hearsay, be respectful, speak clearly and turn cell phones off.
Gayner”s directions were disregarded in each of the aforementioned areas at some point during the hearing that lasted more than two hours.
Interim Lakeport Police Chief Brad Rasmussen said Lakeport Police Department (LPD) supports the recommended suspension based on the effects on neighbors because of loud and unreasonable noise. The LPD staff does not believe the business was coming into compliance.
An owner of the establishment, Sean Lyon, was first to speak during the public comment period. He was allowed more than three minutes to speak. Lyon said that he has done a great deal of remodeling in an effort to sound-proof the building. He said he met with former LPD Chief Kevin Burke and Rasmussen seeking advice. He cited the problem being, not with the live entertainment, but with the patrons in front of the bar. Lyons said he installed flood lights as LPD recommended and “the next day, those were out.” He said his requests for consultation from the city “got brushed under the rug.” Lyon admitted that noise complaints have been occurring since the opening of the bar. He said staff routinely received irate phone calls from neighbors. He cited one neighbor in particular and said one of the bartenders filed a harassment complaint with LPD. The bartender later spoke and said she feared for her safety. Lyon said he feels singled out by police and that officers are “extremely aggressive and rude.” He said only one fight has occurred at the business and that reports of sex in public, among other allegations, seem unfounded.
Rasmussen said LPD is not singling out the business, “It was, and is, our goal to assist Full Throttle management with correcting violations so they can run a successful business and continue to be a valuable part of our community.”
LPD Sgt. K. Odom submitted a letter that stated, “Over the past eight months, the Full Throttle Tavern has generated increased calls for service ranging from repetitive noise complaints, physical fights, sex in public, public urination and an employee being assaulted (intentionally run over) with a vehicle. This loud, unruly and at times criminal behavior has negatively impacted the local residents. Over the course of the past eight months, the police department has received no less than 34 noise complaints during the nighttime hours” … “No less than five local residents have been in direct contact with city officials regarding the ongoing noise, unruly behavior, and urinating and sex in public. Over a dozen arrests, all alcohol related, have been made associated with the location. While arrests have been made when possible at the location, officers have been unable to take action on numerous other violations. Given the nature of the crowds that have gathered, confrontational behavior, and limited staffing, it is a safety concern for one officer to become committed to arresting someone and leaving only one officer alone in the city.”
The letter states that LPD generated a total of at least 60 incidents from the Full Throttle Tavern. As for similar Lakeport establishments, TJ”s Restaurant Bar had 35, The Clearlake Club had 29, the Buckhorn Club had 12, and Molly Brennan”s had five incidents during the same period. The total number of noise complaints for these establishments combined during the same period totals 10. Lyon said he thinks TJ”s has three times the number of problems there and those are not being looked at.
The complaints are either loud music and/or loud subjects outside the bar. LPD cites the two primary causes for the noise complaints are, the building is old and was not built to accommodate amplified sound and management failed to resolve the buildings sound insulation. LPD also noted a failure on management”s part to police the exterior of the business where people loiter and generate excessive noise. The noise issue was the only item to be heard on Wednesday, but neighbors in the area who spoke talked about littering, profanity, lewd behavior, public urination and physical confrontations.
LPD administration has met with management of the establishment to review, identify and suggest solutions for the identified issues without success. Odom”s letter stated, “The bar management has been repeatedly advised of the ongoing complaints by both LPD officers and supervisors but the problems are continuing. Lyon suggested, in regard to the public urination issue, “Perhaps the Police Department should put more people on the street.” Maximum occupancy of the business was discussed and Lyon said it is 49.
Knoll provided a reminder that the hearing was to deal with the live entertainment aspect only.
Those who were impacted, either by the noise or by the possibility of revoking/suspending the permit, spoke on the record.
Following the decision, Lyon responded, “I felt the decision was already made before we had this meeting. I am very upset by the fact that there was a not third option, to keep things as is.”
He said, “the bar has been here for 50 years. The previous owner ran a busy and loud bar. My Civil rights are being violated. I”m being harassed. I have cops stake out my bar. It”s a waste of taxpayer money. Lakeport city officials are trying to close this town down.”
Lyon said he and property owner, Racheal Ferguson, will file an appeal.
“The Bar is 100-percent open for business with the same hours and we”re exploring other entertainment avenues,” Lyon said.
Mandy Feder can be reached at mandyfeder@yahoo.com or call directly 253-5636 ext. 32.
